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Daily Archives: September 25, 2016
EFF: The Playpen Story: Some Fourth Amendment Basics and Law …
Posted: September 25, 2016 at 7:19 am
ABA Journal's Blawg 100 (2015)
by John Wesley Hall Criminal Defense Lawyer and Search and seizure law consultant Little Rock, Arkansas Contact / The Book http://www.johnwesleyhall.com
2003-16, online since Feb. 24, 2003
~~~~~~~~~~~~~~~~~~~~~~~~~~
Fourth Amendment cases, citations, and links
Latest Slip Opinions: U.S. Supreme Court (Home) Federal Appellate Courts Opinions First Circuit Second Circuit Third Circuit Fourth Circuit Fifth Circuit Sixth Circuit Seventh Circuit Eighth Circuit Ninth Circuit Tenth Circuit Eleventh Circuit D.C. Circuit Federal Circuit Foreign Intell.Surv.Ct. FDsys, many district courts, other federal courts, other Military Courts: C.A.A.F., Army, AF, N-M, CG State courts (and some USDC opinions)
Google Scholar Advanced Google Scholar Google search tips LexisWeb LII State Appellate Courts LexisONE free caselaw Findlaw Free Opinions To search Search and Seizure on Lexis.com $
Research Links: Supreme Court: SCOTUSBlog S. Ct. Docket Solicitor General's site SCOTUSreport Briefs online (but no amicus briefs) Curiae (Yale Law) Oyez Project (NWU) "On the Docket"Medill S.Ct. Monitor: Law.com S.Ct. Com't'ry: Law.com
General (many free): LexisWeb Google Scholar | Google LexisOne Legal Website Directory Crimelynx Lexis.com $ Lexis.com (criminal law/ 4th Amd) $ Findlaw.com Findlaw.com (4th Amd) Westlaw.com $ F.R.Crim.P. 41 http://www.fd.org FBI Domestic Investigations and Operations Guide (2008) (pdf) DEA Agents Manual (2002) (download) DOJ Computer Search Manual (2009) (pdf) Stringrays (ACLU No. Cal.) (pdf)
Congressional Research Service: --Electronic Communications Privacy Act (2012) --Overview of the Electronic Communications Privacy Act (2012) --Outline of Federal Statutes Governing Wiretapping and Electronic Eavesdropping (2012) --Federal Statutes Governing Wiretapping and Electronic Eavesdropping (2012) --Federal Laws Relating to Cybersecurity: Discussion of Proposed Revisions (2012) ACLU on privacy Privacy Foundation Electronic Frontier Foundation NACDLs Domestic Drone Information Center Electronic Privacy Information Center Criminal Appeal (post-conviction) (9th Cir.) Section 1983 Blog
"If it was easy, everybody would be doing it. It isn't, and they don't." Me
I still learn something new every day. Pete Townshend, The Who 50th Anniversary Tour, "The Who Live at Hyde Park" (Showtime 2015)
"I can't talk about my singing. I'm inside it. How can you describe something you're inside of?" Janis Joplin
"Love work; hate mastery over others; and avoid intimacy with the government." Shemaya, in the Thalmud
"A system of law that not only makes certain conduct criminal, but also lays down rules for the conduct of the authorities, often becomes complex in its application to individual cases, and will from time to time produce imperfect results, especially if one's attention is confined to the particular case at bar. Some criminals do go free because of the necessity of keeping government and its servants in their place. That is one of the costs of having and enforcing a Bill of Rights. This country is built on the assumption that the cost is worth paying, and that in the long run we are all both freer and safer if the Constitution is strictly enforced." Williams v. Nix, 700 F. 2d 1164, 1173 (8th Cir. 1983) (Richard Sheppard Arnold, J.), rev'd Nix v. Williams, 467 US. 431 (1984).
"The criminal goes free, if he must, but it is the law that sets him free. Nothing can destroy a government more quickly than its failure to observe its own laws, or worse, its disregard of the charter of its own existence." Mapp v. Ohio, 367 U.S. 643, 659 (1961).
"Any costs the exclusionary rule are costs imposed directly by the Fourth Amendment." Yale Kamisar, 86 Mich.L.Rev. 1, 36 n. 151 (1987).
"There have been powerful hydraulic pressures throughout our history that bear heavily on the Court to water down constitutional guarantees and give the police the upper hand. That hydraulic pressure has probably never been greater than it is today." Terry v. Ohio, 392 U.S. 1, 39 (1968) (Douglas, J., dissenting).
"The great end, for which men entered into society, was to secure their property." Entick v. Carrington, 19 How.St.Tr. 1029, 1066, 95 Eng. Rep. 807 (C.P. 1765)
"It is a fair summary of history to say that the safeguards of liberty have frequently been forged in controversies involving not very nice people. And so, while we are concerned here with a shabby defrauder, we must deal with his case in the context of what are really the great themes expressed by the Fourth Amendment." United States v. Rabinowitz, 339 U.S. 56, 69 (1950) (Frankfurter, J., dissenting)
"The course of true law pertaining to searches and seizures, as enunciated here, has notto put it mildlyrun smooth." Chapman v. United States, 365 U.S. 610, 618 (1961) (Frankfurter, J., concurring).
"A search is a search, even if it happens to disclose nothing but the bottom of a turntable." Arizona v. Hicks, 480 U.S. 321, 325 (1987)
"For the Fourth Amendment protects people, not places. What a person knowingly exposes to the public, even in his own home or office, is not a subject of Fourth Amendment protection. ... But what he seeks to preserve as private, even in an area accessible to the public, may be constitutionally protected." Katz v. United States, 389 U.S. 347, 351 (1967)
Experience should teach us to be most on guard to protect liberty when the Governments purposes are beneficent. Men born to freedom are naturally alert to repel invasion of their liberty by evil-minded rulers. The greatest dangers to liberty lurk in insidious encroachment by men of zeal, well-meaning but without understanding. United States v. Olmstead, 277 U.S. 438, 479 (1925) (Brandeis, J., dissenting)
Libertythe freedom from unwarranted intrusion by governmentis as easily lost through insistent nibbles by government officials who seek to do their jobs too well as by those whose purpose it is to oppress; the piranha can be as deadly as the shark. United States v. $124,570, 873 F.2d 1240, 1246 (9th Cir. 1989)
"You can't always get what you want / But if you try sometimes / You just might find / You get what you need." Mick Jagger & Keith Richards
"In Germany, they first came for the communists, and I didn't speak up because I wasn't a communist. Then they came for the Jews, and I didn't speak up because I wasn't a Jew. Then they came for the trade unionists, and I didn't speak up because I wasn't a trade unionist. Then they came for the Catholics and I didn't speak up because I wasn't a Catholic. Then they came for meand by that time there was nobody left to speak up." Martin Niemller (1945) [he served seven years in a concentration camp]
You know, most men would get discouraged by now. Fortunately for you, I am not most men! ---Pep Le Pew
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How to: Use Tor on Mac OS X | Surveillance Self-Defense
Posted: at 7:19 am
What is Tor?
Tor is a volunteer-run service that provides both privacy and anonymity online by masking who you are and where you are connecting. The service also protects you from the Tor network itself.
For people who might need occasional anonymity and privacy when accessing websites, Tor Browser provides a quick and easy way to use the Tor network.
The easiest way to use the Tor network is to use the Tor Browser Bundle, which combines a web browser, the Tor software, and other helpful software that will give you a way of more securely accessing the web.
The Tor Browser works just like other web browsers, except that it sends your communications through Tor, making it harder for people who are monitoring you to know exactly what you're doing online, and harder for people monitoring the sites you use to know where you're connecting from. Keep in mind that only activities you do inside of Tor Browser itself will be anonymized. Having Tor Browser installed on your computer does not make things you do on the same computer using other software (such as your regular web browser) anonymous.
Open a browser like Mozilla Firefox or Safari and type: https://www.torproject.org/download/download-easy.html.en in the URL bar. If you are using a search engine to look for the Tor Browser Bundle, make sure that the URL is correct.
Click the big purple download button to get the installation program for Tor Browser Bundle.
The website will have detected your operating system and you'll get the correct file for OS X. If this fails you can click the link to the side of the purple button to download to the correct version.
If you are using Safari, the Tor Browser Bundle will start to download. In Firefox you will be asked whether you wish to open or save the file. It is always best to save the file, so click the Save button. This example shows Tor Browser Bundle Version 4.0.8, which was the most current version at the time this guide was published. There may be a more recent version available for download by the time you read this.
After the download is complete, you might get an option to open the folder where the file was downloaded to. The default location is the Downloads folder. Double-click on the file Torbrowser-4.0.8-osx32_en-US.dmg
A window will open asking you to install Tor Browser Bundle by dragging it to your applications folder. You may do so now.
Tor Browser is now installed in your applications folder.
To open Tor Browser for the first time, locate it in the finder or in launchpad on newer versions of OS X.
After clicking on the Tor Browser icon, a window will open with a warning about the origin of the software. You should always take these warnings seriously and make sure you trust the software you want to install and that you got an authentic copy from the official site over a secure connection. Since you know what you want, and you know where to get the software, and the download was from the Tor Project's secure HTTPS site, click Open.
The first time Tor Browser starts, you'll get a window that allows you to modify some settings if necessary. You might have to come back and change some configuration settings, but go ahead and connect to the Tor network by clicking the Connect button.
After clicking Connect, a new window will open with a green bar that will get longer as the Tor software starts up.
The first time Tor Browser starts it might take a bit longer than usual; within a few minutes Tor Browser should be ready and a web browser will open congratulating you.
You can verify that you are connected to the Tor network by visiting check.torproject.org. If you are connected the website it will say Congratulations. This browser is configured to use Tor.
Browsing with Tor is different in some ways from the normal browsing experience. We recommended reading the tipsfor properly browsing with Tor and retaining your anonymity.
You are now ready to browse the internet anonymously with Tor.
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7 Things You Should Know About Tor | Electronic Frontier …
Posted: at 7:19 am
Updated: July 1st at 6:30PM to add information about traffic correlation attacks.
We posted last week about the Tor Challengeand why everyone should use Tor. Since we started our Tor Challenge two weeks ago we have signed up over 1000 new Tor relays. But it appears that there are still some popular misconceptions about Tor. We would like to take this opportunity to dispel some of these common myths and misconceptions.
One of the many things that we learned from the NSA leaks is that Tor still works. According to the NSA "Tor Stinks"slides revealed by the Guardian last year, the NSA is still not able to completely circumvent the anonymity provided by Tor. They have been able to compromise certain Tor users in specific situations. Historically this has been done by finding an exploit for the Tor Browser Bundle or by exploiting a user that has misconfigured Tor. The FBIpossibly in conjunction with the NSAwas able to find one serious exploit for Firefox that lead to the takedown of Freedom Hosting and exploit of its users. Firefox was patched quickly, and no major exploits for Firefox affecting Tor users appear to have been foundsince. As the Tor developers noted in 2004, if someone is actively monitoring both your network traffic and the network traffic of the Internet service you're communicating with, Tor can't prevent them from deducing that you're talking to that service. Its design does assume that at least one side of the connection isn't being monitored by whomever you're trying to stay private from.
We can conclude from this that Tor has probably not been broken at a cryptographic level. The best attacks on Tor are side-channel attacks on browser bugs or user misconfiguration and traffic correlation attacks.
One of the most common misconceptions we hear is that Tor is only used by criminals and pedophiles. This is simply not true! There are many types of people that use Tor. Activists use it to circumvent censorship and provide anonymity. The military uses it for secure communications and planning. Families use Tor to protect their children and preserve their privacy. Journalists use it to do research on stories and communicate securely with sources. The Tor Project website has an excellent explanation of why Tor doesn't help criminals very much. To paraphrase: Criminals can already do bad things since they will break laws they have much better tools at their disposal than what Tor offers, such as botnets made with malware, stolen devices, identity theft, etc. In fact using Tor may help you protect yourself against some of these tactics that criminals use such as identity theft or online stalking.
You are not helping criminals by using Tor any more than you are helping criminals by using the Internet.
Another common opinion that we hear is that Tor was created by the military and so it must have a military backdoor. There is no backdoor in the Tor software. It is true that initial development of Tor was funded by the US Navy. However, it has been audited by several very smart cryptographers and security professionals who have confirmed that there is no backdoor. Tor is open source, so any programmer can take a look at the code and verify that there is nothing fishy going on. It is worked on by a team of activists who are extremely dedicated to privacy and anonymity.
As far as EFF is aware, no one in the US has been sued or prosecuted for running a Tor relay. Furthermore we do not believe that running a Tor relay is illegal under US law. This is, of course, no guarantee that you won't be contacted by law enforcement, especially if you are running an exit relay. However EFF believes this fact so strongly that we are running our own Tor relay. You can find out more about the legalities of running a Tor relay at the Tor Challenge Legal FAQ. However, if you are going to use Tor for criminal activity (which the Tor project asks that you not do) you can create more problems for yourself if you get prosecuted. Criminal activity also brings more scrutiny on to Tor making it worse for the public as a whole.
You might think that because it is privacy software Tor must be hard to use. This is simply not true. The easiest way to get started with Tor is to download the Tor Browser Bundle. This is a browser that comes pre-configured to use Tor in a secure manner. It is easy to use and is all you need to start browsing with Tor. Another easy way to use Tor is with Tails. Tails is a live operating system that runs on a DVD or thumb drive. Tails routes your entire Internet connection through Tor. And when you shut it down, Tails forgets everything that was done while it was running.
It is true that Tor is slower than a regular Internet connection. However, the Tor developers have been doing a lot of hard work to make the Tor network faster. And it is faster today than ever before. One of the best things that can be done to speed up the Tor network is to create more relays. If you would like to contribute to making the Tor network faster, you can check out our Tor Challenge
Tor is not perfect; you can destroy your own anonymity with Tor if you use it incorrectly. That's why it is important to always use Tor Browser Bundle or Tails and make sure that you keep your software up to date. It is also important to remember that if you log into services like Google and Facebook over Tor, those services will still be able to see your communications within their systems. Additionally Tor users should be mindful of the fact that an adversary who can see both sides of their connection may be able to perform a statistical analysis to confirm that the traffic belongs to you.
Tor is some of the strongest anonymity software that exists. We think that it is important to dispel misconceptions about it so that the public can be more informed and confident in its usefulness. There are many great reasons to use Tor and very few reasons not to. So get started with Tor, and take back your privacy online.
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Psoriasis Treatment Options | STELARA (ustekinumab)
Posted: at 7:18 am
STELARA (ustekinumab) is a prescription medicine that affects your immune system. STELARA can increase your chance of having serious side effects including:
STELARA may lower your ability to fight infections and may increase your risk of infections. While taking STELARA, some people have serious infections, which may require hospitalization, including tuberculosis (TB), and infections caused by bacteria, fungi, or viruses.
You should not start taking STELARA if you have any kind of infection unless your doctor says it is okay.
Before starting STELARA, tell your doctor if you think you have an infection or have symptoms of an infection such as:
After starting STELARA, call your doctor right away if you have any symptoms of an infection (see above).
STELARA can make you more likely to get infections or make an infection that you have worse. People who have a genetic problem where the body does not make any of the proteins interleukin 12 (IL12) and interleukin 23 (IL23) are at a higher risk for certain serious infections that can spread throughout the body and cause death. It is not known if people who take STELARA will get any of these infections because of the effects of STELARA on these proteins.
STELARA may decrease the activity of your immune system and increase your risk for certain types of cancer. Tell your doctor if you have ever had any type of cancer. Some people who had risk factors for skin cancer developed certain types of skin cancers while receiving STELARA. Tell your doctor if you have any new skin growths.
RPLS is a rare condition that affects the brain and can cause death. The cause of RPLS is not known. If RPLS is found early and treated, most people recover. Tell your doctor right away if you have any new or worsening medical problems including: headache, seizures, confusion, and vision problems.
Serious allergic reactions can occur. Get medical help right away if you have any symptoms such as: feeling faint, swelling of your face, eyelids, tongue, or throat, trouble breathing, throat or chest tightness, or skin rash.
Tell your doctor about all the medicines you take, including prescription and overthecounter medicines, vitamins, and herbal supplements. Know the medicines you take. Keep a list of them to show your doctor and pharmacist when you get a new medicine.
When prescribed STELARA:
Common side effects of STELARA include: upper respiratory infections, headache, tiredness, joint pain, and nausea. These are not all of the possible side effects with STELARA. Tell your doctor about any side effect that you experience. Ask your doctor or pharmacist for more information.
You are encouraged to report negative side effects of prescription drugs to the FDA. Visit http://www.fda.gov/medwatch or call 1800FDA1088.
Please read the full Prescribing Informationincluding the Medication Guidefor STELARA, and discuss any questions you have with your doctor.
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Psoriasis Treatment Options | STELARA (ustekinumab)
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